ML19330A911

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Order Admitting Deferred Contentions Re Adequacy of Emergency Evacuation Plans.Directs Consolidation of Contentions & Initiation of Discovery by 800905.Scheussler Admitted as Intervening Party.Defines Actions Re Final Rule
ML19330A911
Person / Time
Site: Allens Creek File:Houston Lighting and Power Company icon.png
Issue date: 07/24/1980
From: Linenberger G, Wolf S
Atomic Safety and Licensing Board Panel
To: Schuessler
AFFILIATION NOT ASSIGNED, HOUSTON LIGHTING & POWER CO.
References
ISSUANCES-CP, NUDOCS 8007290746
Download: ML19330A911 (2)


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s UNITED STATES OF AMERICA o

g NUCLEAR REGULATORY COMMISSION 9

DOC THE ATOMIC SAFETY AND LICENSING BOARD Sheldon J. Wolfe, Esquire, Chainnan D

JUL 2 51980

  • 7a Dr. E. Leonard Cheatum, Member

'. On c' cf De Senta7 Gustave A. Linenberger, Jr., Member q

Dockeng a senje,

//

Bg In the Matter of

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HOUSTON LIGHTING AND POWER COMPANY

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Docket No. 50-466 CP

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(Allens Creek Nuclear Generating

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Station, Unit 1)

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ORDER (July 24, 1980)

In our Order of March 10, 1980, ruling upon the admissibility of conten-N tions, we deferred ruling upon certain contentions dealing with the adequacy of Applicant's emergency evacuation plans. The reason for said deferral was based upon the Commission's proposal to amend its emergency planning regulations (44 Fed. Reg. 75167 (December 19,1979)) and its stated anticipation that its final rule would be published in early 1980. Since no final rule has been published, and in order to expedite preparations for the evidentiary hearing, we herewith admit the referenced contentions and direct that they be consoli-dated.

The parties involved are to confer for the purposes of determining the wording of the eir'olidated contention and designating the lead party who shall conduct discovery, present evidence, cross-examine, and submit briefs, proposed findings of fact, conclusions of law and argument upon said contention. The Board is to be promptly advised (within 15 days of the receipt of this Order) i y TexPirg Additional Contention 16(d), (e), (f) and (i) and Additional Contention 42; Doggett Contention 5; and Scheussler combined Contentions 6 and 14.

O 80072907We g

o. of the wording of the consolidated contention and the identity of the lead party.

Discovery is to be initiated immediately and concluded by no later than September 5, 1980.

~

Since Mr. Schuessler's combined contentions 6 and 14 were his only contentions not previously rejected by the Board, we no,w grant Mr. Scheussler's petition for leave to intervene and admit him to this proceeding as an inter-vening party. Mr. Schuessler has been served with the Order of July 22, 1980 notifying him as well as the other parties that a prehearing conference will be held in Houston, Texas beginning August 13, 1980.

Absent the Comission's final rule, the litigation of this issue, and preparations therefor, are to be guided by Section II - The Preliminary Safety Analysis Report - of the proposed rule. See 44 Fed. Reg. 75167, 75172.

Should the final rule be issued prior to the beginning of litigation of this matter, the lead party shall be given an opportunity to amend the consolidated conten-tion. Should the final rule be issued subsequent to the start of litigation of this issue, the Board, after conferring with the parties, will determine the appropriate course of action.

Dr. Cheatum concurs but was unavailable to sign the instant Order.

IT IS SO ORDERED.

THE ATOMIC SAFETY AND LICENSIN 0ARD

.e.n.

@ ave A. Linenbfrier, Jr., Member AbOM Sheldon J.W fe, Esqtire, Chainnan Dated at Bethesda, Maryland this 24th day of July, 1980.